Sro 43

AMANDEEP SINGH (Querist) 02 October 2012 This query is : Resolved
sir i want to take benefit of sro 43 as my father has died in service in sericulture deptt. as deputy director. i have done my graduation in electronics and comm. engg. and i want junior assistant level post in my concerning field.what shall i do to get the same ?

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Sudhir Kumar, Advocate (Expert) 02 October 2012
the qeury is vague.

Probably you want to apply for compassionate job. You never said how old is the death and who are other dependents and what other brothers sisters are doing.

The best of sympathy with you family will not compel me to give a wrong advise to lead you to litigation expenses out of badly depleted resources. Prima-facie the compassionate job is not enforceable right. It is a Govt Bank which follows Govt guidelines. In your case the bank does not at all seems to be working ruthlessly. Compassionate jobs are given only out of 5% of Class III&IV posts (in direct recruitment quota) and comparative merit of the applicants is assessed. Remember reservation beyond 50% is not allowed as per Supreme Court guidelines. The Govt sector jobs are already reserved to the extent of 50% (15 SC+ 27 OBC + 7 ST). Therefore even that 5% is to be taken from the proportionately by vertical reservation from the respective share of Sc/ST/OBC/gen category posts depending upon the category of the applicant. That being the case the share if gen candidate is 5% of 50% = 2.5% out of total Class III&IV posts (in direct recruitment quota) , and OBC it is 5% of 27% = 1.25% out of total Class III&IV posts (in direct recruitment quota) , for SC 5% of 15% = .75% out of total Class III&IV posts (in direct recruitment quota) , and for ST it will be 5% of 7.5% = 38% out of total Class III&IV posts. No job can be offered beyond that limit even if the applicants are large number. The sots reserved for Handicapped, ex-servicemen and sports persons are also allocated in the same manner to ensure that horizontal reservation does not exceed 50%. So comparative merit is drawn based on the indignant condition of each family.

Fruther while applying for compassionate job you cannot expect the job to suit your qualification or field. It could be any Govt job of Gp-C&D, the designation of which may even be derogatory to you. In open market your qualifcation can getch you much better position.

SRO 43 may be a rule framed under provision to atricle 309. Please show coppy of the same if further guidance is needed.

R.K Nanda (Expert) 02 October 2012
incomplete query.

prabhakar singh (Expert) 02 October 2012
compassionate job are mercy and not right.There should not be delay in applying and there should be vacancy for sought job.

Sudhir Kumar, Advocate (Expert) 07 October 2012
New thread opened at

http://www.lawyersclubindia.com/experts/sro-43-compassionate-appointment-343996.asp